Would have to read both sides' briefs. The ACLU takes some pretty wonky positions. They were defending the KKK down here regarding sponsoring a segment of a highway. That case was mooted out, I believe, when the Georgia Dept of Transportation cancelled the program. You have to bear in mind a brief is just an argument, sometimes they are well supported, but many times they are pretty flimsy. Pretty hard to tell without a deep legal dive though including reading all of the underlying cases and statutes.